FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

COMMON ORAL JUDGMENT

1. Heard Mr. N.V. Gandhi, learned advocate appearing

for the petitioner and Mr. Jayneel Parikh, learned AGP appearing

for the respondent – State authorities.

2. As the grievance raised by the petitioner in both

the petitions are selfsame, both the petitions are heard

analogously and common order is passed in both the

petitions, with the consent of the learned advocates appearing

for the respective parties.

3. The Petition being Special Civil Application No.

9986 of 2020 is taken as a lead matter and the facts stated

from the said Petition, shall govern both the petitions.

4. By way of the present Petition, petitioner herein has

prayed for the following reliefs:

“9. Under the aforesaid facts and circumstances, the petitioner

prays as under:

A) YOUR LORDSHIPS may be pleased to issue writ of certiorari,

or any other writ or order or directions and be pleased to

quash and set aside the impugned illegal orders, (1) dtd.

15.4.2019 passed by the Ld. Secretary, (Appeals), passed in

MVV/HKP/Kachchh/133/2018, (2) dtd. 26.3.2018 passed by the

Dist. Collector, Kachchh at Bhuj passed in Appeal-J-M-NI 108(6)-Case No. 154/2017 and (3) dtd. 10.02.2014 passed by the

Dy.Collector at Mundra bearing No. J.M.NI.108(5) Under Case

No. Mandvi-135/2012, produced at Annex.A/1 to A/3 & B, and

further direct the Respondents to post the mutation entry in

favour of petitioner in relation to agricultural land bearing

S.No. 178 paiky 3 admeasuring 5.00 A.G, situated Mouje/

Village:Sherdi, Tal.-Mandvi, Dist.: Kachchh; AND

B) YOUR LORDSHIPS may be pleased to stay the impugned

orders passed by the Resp. No. 1-3 & 5 (Annex.-A/1 to A/3 &

B in relation to agricultural land bearing S.No. 178 paiky 3

admeasuring 5.00 A.G, situated Mouje/Village:Sherdi, Tal.-

Mandvi, Dist.: Kachchh, pending the hearing and disposal of

this petition; AND

C) YOUR LORDSHIPS may be pleased to grant ad-interim relief

in terms of Para (B) pending hearing and final disposal of this

petition;

AND

D) YOUR LORDSHIPS may be pleased to pass any other and

further orders in the facts and circumstances of this case.”

5. The petitioner herein has invoked Article-227 of the

Constitution, being aggrieved and dissatisfied by the impugned

order (I) dated 15.04.2019 passed by the Secretary (Appeals)

passed in No. MVV/HKP/Kachchh/133/2018, (II) dated 26.03.2018

passed by the District Collector, Kachchh at Bhuj passed in No.

Appeal-J-M-NI-108(6) Case No. 154 of 2017 and (III) dated

10.02.2014 passed by the Deputy Collector at Mundra bearing

No. J-M-NI.108(5) under Case No. Mandvi-135/2012, whereby,

the respondent nos. 1 to 3 authorities have confirmed the order

passed by the Circle Officer, Mandvi – respondent no.5 herein in

cancelling the subjected mutation entry no. 2641 dated

07.09.2012 in relation to agricultural land bearing Survey No.

178 Paikee 3 admeasuring 5.00 A.G. situated at Mouje Village:

Sherdi, Taluka: Mandvi, District: Kachchh. The said orders are

duly produced at Annexures-A/1 to A/3 respectively and the

mutation entry no. 2641 dated 07.09.2012 bearing the order of

the respondent no.5 is duly produced at Annexure-B.

6. It is the case of the petitioner that, respondent nos. 1

to 3 failed to appreciate that while rejecting the aforesaid

mutation entry as referred to herein-above on the ground of

breach of provision of Section-30 of the Gujarat Agricultural Land

Ceiling Act (for short ‘the Ceiling Act’), the respondent no.5

transgressed his authority and exceeded the jurisdiction vested in

him by law. The said rejection of the entry is contrary to the

provision of Section 135(C) and (D) of the Gujarat Land Revenue

Code (for short ‘the Code). Moreover, the Mamlatdar, Mandvi, by

order dated 20.04.1998, at the time of conve